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(영문) 서울중앙지방법원 2015.06.05 2015고단246

사기

Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 23, 2013, the Defendant was sentenced to a suspended sentence of 6 months at the Seoul Central District Court for a violation of the Road Traffic Act (non-licensed driving). The judgment became final and conclusive on November 29 of the same year.

1. On October 9, 2012, the Defendant: (a) made a false statement to the effect that, at the mutual infinite coffee shop located in Jongno-gu Seoul, Jongno-gu, Seoul, on September 9, 2012, the Defendant: (b) made a false statement to the effect that “Infinitely importing and selling printed items, such as domestic and household bags, it was decided to sell imported scenic items in modern home shopping”; and (c) in the car page located in the same region as on October 1, 2012 on the first week of December 2012, the Defendant sold the principal and profits of the investment to the victim as if it were a good. At the latest three months after the latest, the principal and profits of the investment may be recovered.”

However, even though the defendant was unable to express his intent or ability to sell by importing freeboards, he deceivings the victim to use the invested money for other business funds of the defendant.

Nevertheless, on October 9, 2012, the Defendant received KRW 60 million from the victim to the one bank account in the name of E operation, which is a branch of D.

Accordingly, the defendant was given property by deceiving the victim.

2. On March 22, 2013, the Defendant, on March 22, 2013, concluded that the Plaintiff, via a trade company’s letter of credit, “in Korea”, imported the Defendant from the Plaintiff via the phone on March 22, 2013, the Plaintiff would have paid KRW 60 million to the Plaintiff a lump sum of KRW 10 million invested by the end of the month prior to the end of this month, on the one hand, if the Defendant borrowed KRW 10 million.

However, in fact, the defendant imports and sells from the victim on October 9, 2012.

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